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Police Cannot Assault Detainees, Says Madras High Court, Orders Probe Into Brutality Allegations

Madras High Court appoints retired judge to probe claims of police brutality against detained lawyers and law students.
Indian Masterminds Stories

Chennai: The Madras High Court has appointed a one-man commission to investigate allegations of police assault on lawyers and law students detained during protests against the Greater Chennai Corporation’s move to privatise conservancy services in two city zones.

A bench of Justices M.S. Ramesh and V. Lakshminarayanan directed that the commission, headed by retired judge Justice V. Parthiban, be assisted by the State Legal Services Authority. The panel must submit its findings by September 17.

Commission Mandate and Directions

The Court instructed the Tamil Nadu government to release an initial honorarium of ₹2 lakh to Justice Parthiban, routed through the Commissioner of Police. The commission has been tasked with examining claims from both sides regarding the alleged brutality and illegal detention.

The bench clarified that while the police have the right to arrest for legal violations, they cannot assault those in custody.

Background of the Case

In August, sanitary workers of the Greater Chennai Corporation staged demonstrations outside the Ripon Building. Their protest against privatisation plans drew support from several lawyers and law students.

On August 13–14, 13 protestors were allegedly detained by police. A habeas corpus petition followed, alleging unlawful detention and custodial assault. Advocate Aarthy and law graduate Valarmathi were reported to have been attacked by multiple women officers for several hours, leaving one unconscious.

Police and Court Observations

The police denied the allegations, instead filing cases against the protestors for rioting, damaging buses, and assaulting a woman constable. However, the Court expressed doubts about the legality of the detentions.

In a prior order, it had observed: “We are of the prima facie view that the detention of 4 Lawyers and 2 Law Students by the Police may be unlawful. It is also brought to our notice that all the arrested persons have not been produced before the concerned Magistrate’s Court for remand.”

Next Steps in Proceedings

The Court made it clear that the commission’s role is to determine whether the detainees were assaulted by police post-arrest. The findings will play a crucial role in the continuation of proceedings.

Advocate Ramesh Umapathy appeared for the petitioners, while Additional Advocate General J. Ravindran, along with Advocates R. Muniyapparaj and Santhosh, represented the State.

Also Read: Supreme Court Quashes Tax Prosecution, Fines Income Tax Department ₹2 Lakh for Ignoring CBDT Circulars


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